New Zealand Case Law: Decisions & Judgments

Topic

Production orders

Legal area

Court

6 Dec 2021

PN v NEW ZEALAND POLICE [2021] NZCA 658

Citation

[2021] NZCA 658
Court

Court of Appeal

The application for leave to bring a second appeal is declined because the applicant failed to show either a matter of general or public importance or a real risk of miscarriage of justice as required by ss 237 and 253; the complained‑of matters were factual, already considered and rejected on full hearing, there is no evidence of concealed foreign production orders, and the sentence was within justified ranges under sentencing law.
5 Dec 2019

LRR v COL [2019] NZCA 620

Citation

[2019] NZCA 620
Court

Court of Appeal

Further evidence applications will be determined at the substantive hearing of the appeal because issues of freshness and relevance require argument; the Court may receive evidence under r45/s145(2) and s12A displaces s25 for Family Court proceedings; a production order for the respondent's Australian records is necessary and justified and will be granted, subject to reciprocal production by the appellant, with specified compliance dates; no costs order made.
4 Apr 2019

R v MAURICE WILLIAM RETI [2019] NZSC 36

Citation

[2019] NZSC 36
Court

Supreme Court

The Supreme Court granted leave to appeal on the question whether the Court of Appeal erred in excluding evidence obtained under the specified production order and search warrant; it also issued an interim publication prohibition until the final disposition of the trial.
26 Nov 2018

STRINGER v CRAIG [2018] NZHC 3076

Citation

[2018] NZHC 3076
Court

High Court

Produce and preserve Craig's remaining phone parts and forensic reports at the time of ordered discovery; defendants had preserved evidence; most interrogatories were sufficiently answered but questions about defendants' knowledge of Craig's relationship with MacGregor are relevant to their honest opinion defence and must be answered; strike-out applications were declined because defects were curable and pleadings disclosed tenable defences; plaintiff's conduct toward Taylor approached but did not cross threshold for abuse of process so claim against Taylor is preserved; plaintiff must replea…
21 May 2018

NICOLAS ALFRED HAGER v HER MAJESTY’S ATTORNEY-GENERAL [2018] NZHC 1138

Citation

[2018] NZHC 1138
Court

High Court

Applying the s 69 Evidence Act 2006 criteria and following the approach taken by Dobson J, the Court concluded that disclosure would likely cause significant harm by identifying suspects/persons of interest, revealing confidential sources or investigative methods; accordingly the Court directed that documents listed in Part 3 remain confidential in whole and those in Part 4 remain confidential in part, while noting some documents are irrelevant or have already been disclosed.
21 Sept 2017

FENWICK v R [2017] NZCA 422

Citation

[2017] NZCA 422
Court

Court of Appeal

Leave to bring a second appeal was declined because the Court concluded Davison J properly conducted the s 30(2) balancing exercise and, although he found the first production order was improperly issued, exclusion of the text messages would be disproportionate to the impropriety; any error in treating police good faith did not materially affect the outcome and there is no real risk of a miscarriage of justice warranting a second appeal.
29 Mar 2017

R v GREGORY JOHN ALSFORD [2017] NZSC 42

Citation

[2017] NZSC 42
Court

Supreme Court

Supreme Court (majority) allowed the Crown appeal and held that the electricity consumption data at issue did not attract a reasonable expectation of privacy in the form obtained, so police were entitled to use the data; breach of Privacy Act principles is relevant but not determinative of s30 admissibility; reliance on previously excluded 2010 material did not mandate exclusion of the subsequent evidence in the circumstances, and the evidence obtained from the 19 December 2012 searches is admissible at trial.

New Zealand Case Law

PN v NEW ZEALAND POLICE [2021] NZCA 658

LRR v COL [2019] NZCA 620

R v MAURICE WILLIAM RETI [2019] NZSC 36

STRINGER v CRAIG [2018] NZHC 3076

NICOLAS ALFRED HAGER v HER MAJESTY’S ATTORNEY-GENERAL [2018] NZHC 1138

FENWICK v R [2017] NZCA 422

R v GREGORY JOHN ALSFORD [2017] NZSC 42